Same sex marriage

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Hiya Lynn, has the German marriage act been ammended to allow married people to stay married if one transitions and both partners are ameniable, to stay together? Here in the UK, before being granted a GRC, if both partners are in agreement and signing a decleration of mutual agreement then there is now no requirement to go through an uncessary divorce or annulment, the records are just automatically ammended to make it a same sex marriage.

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Cristine Jennifer Shye B.acc. BL (GS Admin)

Don't get angry
when others are talking behind your back... because they're just proving
that your life is obviously more interesting than theirs.

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I can't swear to it but I think the Constitutional Court sorted the matter out a few years ago and scrapped the divorce requirement since it ran counter to peoples general human rights. This may have been a consequence of the introduction of the 'civil partnership' concept for same sex relationships. It's not something that affects me personally so I may have heard or read something without really paying much attention to it. I only noticed the same sex marriage because this went through not long before the election and a lot of people were quite worked up that Angela Merkel hadn't really done anything to stop it - it was a free vote - and that it added grist to the AfD mill.

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Hi Cristine,

In 2008 the constitutional court decided that the divorce requirement was unconstitutional and 2009 the Bundestag deleted that part of the TSG. There is an article in the TSG which orders the annullment of a marriage but it's described as a transitional article and so may now rather be of historical interest since the constitutional court apparently didn't include it in their deliberations. In any case the Bundestag is supposed to be overhauling the TSG. However, since this is way down the list of governmental priorities it'll take a while. Also, since authorities don't like conflicting laws, one can assume that, on the subject of same sex marriage, there is agreement between the various laws.

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Thanks for that Wendy. more or less the same as the UK, On application of the GRC if both parties do not agree a continuance then a temporay certificate is issued until a divorce is absolute. Here in 2008 when they brought in the ammendments to the marriage act and subsequent ammendments they added a spouses veto, which allows a spouse to obect to the person applying to go for a mutal divorce, which means the delay in issuing the full GRC for up to 4 years

Same sex marriage is a legal entity as opposed to a civil partnership, although the GRC and the subsequent ammendments to the GRA allows religous bodies to refuse to conduct or allow a marriage ceramony in a church. so even if the local vicar agrees a bishop can refuce to allow it.

____________________________________

Cristine Jennifer Shye B.acc. BL (GS Admin)

Don't get angry
when others are talking behind your back... because they're just proving
that your life is obviously more interesting than theirs.